Brian S. Batterton, J.D.

About Brian S. Batterton, J.D.

Brian S. Batterton MAJOR, COBB COUNTY, GA POLICE DEPARTMENT, ATTORNEY Expert Witness Categories: Use of Force | Deadly Force | Officer Involved Shooting Law Enforcement Policies – Tactics | Procedures / Pursuits / School Related Issues Brian Batterton is an attorney in the State of Georgia and currently a Major with the Cobb County Police Department. He has been in law enforcement since 1994 and obtained his Juris Doctorate in 1999 from John Marshall Law School in Atlanta. He has served in Uniform Patrol, Investigations, Training (as an instructor and as the Director), Adjutant/Legal Officer to the Chief, and is currently a precinct commander. In addition to his work at the police department, he also lectures for the Legal and Liability Risk Management Institute (LLRMI) on both criminal law and procedure topics, as well as, police civil liability.

IMMIGRATION ENFORCEMENT AND THE EXCLUSIONARY RULE

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com), Lately, much debate is taking place regarding immigration enforcement. Further, much of this debate is centered on the active role local law enforcement agencies are taking in immigration enforcement pursuant [...]

U.S. Supreme Court Berghuis v. Thompkins

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, Berghuis v. Thompkins, U.S. Supreme Court, decided June 1, 2010. Note: Court holdings can vary significantly between jurisdictions. As such, it is advisable to seek the advice of a local [...]

10th Circuit: Armijo v. Peterson

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, Armijo v. Peterson, et al, decided April 13, 2010. Note: Court holdings can vary significantly between jurisdictions. As such, it is advisable to seek the advice of a local prosecutor [...]

11th Circuit: United States v. Davis

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, United States v. Davis 08-16654, 2010 U.S. App. LEXIS 5131 (11th Cir. Decided March 11, 2010. In 1982, in the United States v. Johnson, the United States Supreme Court held that [...]

US v. Aguilar – 9th Circuit Upholds Warrantless Search of Motor Home

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute - United States v. Aguilar, No. 08-50155 (9th Cir. Unpub. Decided July 29, 2009) In 1929, the United States Supreme Court decided Carroll v. United States, where they held that an automobile [...]

Principal Awarded Summary Judgment Over Arrest of Disorderly Parents

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, Stokes v. Board of Education of the City of Chicago, No. 09-1180, 2010 U.S. App. LEXIS 5707 (7th Cir. Decided March 19, 2010) SCHOOL OFFICIALS, SUMMARY JUDGMENT AND QUALIFIED IMMUNITY: [...]

Becoats v. Georgia : GEORGIA COURT UPHOLDS CANINE SNIFF DURING TRAFFIC STOP

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute - In 2005, the United States Supreme Court decided the United States v. Caballesi, which involved the constitutionality of the use of a police canine during a routine traffic stop. In this case, an [...]

United States v. Vinton (DC Cir) : A Review of Vehicle “Frisks” and Searches of Vehicles Incident to Arrest

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute - United States v. Vinton, No. 07-3125, 2010 U.S. App. LEXIS 2450 (D.C. Cir. Decided February 5, 2010) On September 9, 2009, at about 9:00p.m., a U.S. Park Police officer was on patrol in Southeast [...]

United States v. Johnson (3rd Cir) : Reasonable Suspicion and Felony Stops

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute - United States v. Johnson, No. 09-2245, 2010 U.S. App. LEXIS (3rd Cir. Decided January 27, 2010) On January 27, 2010, the Third Circuit Court of Appeals decided the United States v. Johnsoni, which serves as [...]

Maryland v. Shatzer : Miranda Based Custody Following an Invocation of Rights Expires After 14 Days

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute - Under Miranda v. Arizonai, a person subject to a custodial interrogation has several options. The person can waive their rights and talk to the police, they can invoke their right to silence or [...]